Judge: Theresa M. Traber, Case: 20STCV26847, Date: 2024-03-05 Tentative Ruling

Case Number: 20STCV26847    Hearing Date: March 5, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 5, 2024                        TRIAL DATE: December 2, 2024

CASE:                         Harish Solanki v. Y.S. Media Agency Inc.

CASE NO.:                 20STCV26847           

MOTION TO BE RELIEVED AS COUNSEL x2

MOVING PARTY:               Attorneys Pavel Ekmechyan and Sara Stratton, counsel for Defendants.

RESPONDING PARTY(S): No response on eCourt as of 2/29/24

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract that was filed on July 16, 2020. Plaintiff alleges that Defendants borrowed $100,000 from him and failed to repay the loan by the date of maturity on the promissory note.

Attorneys Pavel Ekmechyan and Sara Stratton, counsel for Defendants, move to be relieved as counsel.

TENTATIVE RULING:

Attorneys Pavel Ekmechyan and Sara Stratton, counsel for Defendants, move to be relieved as counsel.

Moving counsel filed all three required forms (MC-051, -052, and -053) separately as to both Defendants and included a proof of service as required by California Rules of Court rule 3.1362(d).  Moving counsel’s declaration states that they served Defendants by mail at their last known address. (MC-052 ¶ 3.) Moving counsel has been unable to confirm that the last-known address is current, but state that they have been in regular e-mail contact with Defendants, and are serving the papers at the address reflected by the California Secretary of State Business Search as the address for Y.S. Media Agency, Inc., of which Defendant Seki is the CEO. (Id.) Moving counsel states that Defendants were informed of Moving Counsel’s intent to withdraw in several email exchanges between December 12, 2023 and January 31, 2024, and were provided drafts of these motions. (¶ 3(c).)  

In general, an attorney may withdraw with or without cause as long as the withdrawal would not result in undue prejudice to the client’s interest – i.e., counsel cannot withdraw at a critical point in the litigation, because that would prejudice client, but can withdraw otherwise. (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915.) The court has discretion to deny an attorney’s request to withdraw where the withdrawal would work an injustice or cause undue delay in the proceeding, but the court’s discretion in this area is one to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)   

Here, trial in this matter is set for December 2, 2024. ( MC-052 ¶ 4.) The risk of prejudice to Defendants is therefore low. Moving Counsel’s declaration states that irreconcilable conflicts exist between the Defendants and counsel, such that representation should be terminated. (MC-052 ¶ 2.) Considering the evidence of the breakdown in the relationship and the low risk of prejudice, the Court finds that these circumstances warrant withdrawal.

Accordingly, Attorneys Pavel Ekmechyan and Sara Stratton’s Motion to Be Relieved as Counsel for Defendant Y.S. Media Agency, Inc. is GRANTED.

Accordingly, Attorneys Pavel Ekmechyan and Sara Stratton’s Motion to Be Relieved as Counsel for Defendant Yuki Sek. is GRANTED.

            This ruling is conditioned on Moving Counsel serving written notice of the Court’s order on all parties and filing proof of service with the Court.

IT IS SO ORDERED.

Dated: March 5, 2024                         ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.